NY State Assembly Bill 2013-A9512A

Assembly Bill A9512A

2013-2014 Legislative Session

Establishes business franchise and personal income tax credits for businesses that donate food inventory to charitable organizations

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2014	print number 9512a
May 21, 2014	amend and recommit to ways and means
May 06, 2014	referred to ways and means

Bill Amendments

Original

A (Active)

2013-A9512 - Details

See Senate Version of this Bill:: S7459
Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §§210 & 606, Tax L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A5583, S3128
2017-2018: A2648
2019-2020: A3394

2013-A9512 - Summary

Establishes business franchise and personal income tax credits for businesses that donate food inventory to charitable organizations.

2013-A9512 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9512

                          I N  A S S E M B L Y

                               May 6, 2014
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the tax law, in relation to establishing business  fran-
  chise  and personal income tax credits for businesses that donate food
  inventory to charitable organizations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  210  of  the  tax law is amended by adding a new
subdivision 48 to read as follows:
  48. CHARITABLE CONTRIBUTIONS OF FOOD INVENTORY CREDIT. (A) GENERAL.  A
TAXPAYER  WHO  CLAIMS  A  DEDUCTION  UNDER TITLE 26 OF THE UNITED STATES
CODE, SECTION 170, SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED  BY
THIS  ARTICLE, FOR CHARITABLE CONTRIBUTIONS OF APPARENTLY WHOLESOME FOOD
FROM SUCH TAXPAYER'S TRADE OR BUSINESSES.
  (B) DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE  TERMS  "CHARITABLE
CONTRIBUTION"  AND "APPARENTLY WHOLESOME FOOD" SHALL HAVE THE SAME MEAN-
ING AS SUCH TERMS ARE DEFINED IN TITLE 26 OF  THE  UNITED  STATES  CODE,
SECTION 170.
  (C)  AMOUNT  OF  CREDIT.  THE  CREDIT AUTHORIZED BY THIS SECTION SHALL
EQUAL TEN PERCENT OF THE  AMOUNT  OF  SUCH  CONTRIBUTION  OF  APPARENTLY
WHOLESOME  FOOD  DEDUCTED  BY SUCH TAXPAYER IN COMPUTING FEDERAL TAXABLE
INCOME FOR THE TAXABLE YEAR.
  (D) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
FOR  ANY  TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE MINIMUM TAX FIXED BY THIS ARTICLE.  HOWEVER, IF THE  AMOUNT  OF
CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE
TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS  NOT  DEDUCTIBLE  IN  SUCH
TAXABLE  YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION  ONE  THOUSAND
EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14045-01-4

A. 9512                             2

  S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause  (xxxvii)  to  read  as
follows:
(XXXVII) CHARITABLE CONTRIBUTIONS OF    AMOUNT OF CREDIT UNDER
FOOD INVENTORY CREDIT UNDER             SUBDIVISION FORTY-EIGHT
SUBSECTION (XX)                         OF SECTION TWO HUNDRED TEN
  S  3.  Subsections  (yy)  and  (zz)  of section 606 of the tax law, as
relettered by section 5 of part H of chapter 1 of the laws of 2003,  are
relettered  subsections  (yyy)  and  (zzz)  and a new subsection (xx) is
added to read as follows:
  (XX) CHARITABLE CONTRIBUTIONS OF FOOD INVENTORY CREDIT.  (1)  GENERAL.
A  TAXPAYER  WHO  CLAIMS A DEDUCTION UNDER TITLE 26 OF THE UNITED STATES
CODE, SECTION 170, SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED  BY
THIS  ARTICLE, FOR CHARITABLE CONTRIBUTIONS OF APPARENTLY WHOLESOME FOOD
FROM SUCH TAXPAYER'S TRADE OR BUSINESSES.
  (2) DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE  TERMS  "CHARITABLE
CONTRIBUTION"  AND "APPARENTLY WHOLESOME FOOD" SHALL HAVE THE SAME MEAN-
ING AS SUCH TERMS ARE DEFINED IN TITLE 26 OF  THE  UNITED  STATES  CODE,
SECTION 170.
  (3)  AMOUNT  OF  CREDIT.  THE  CREDIT AUTHORIZED BY THIS SECTION SHALL
EQUAL TEN PERCENT OF THE  AMOUNT  OF  SUCH  CONTRIBUTION  OF  APPARENTLY
WHOLESOME  FOOD  DEDUCTED  BY SUCH TAXPAYER IN COMPUTING FEDERAL TAXABLE
INCOME FOR THE TAXABLE YEAR.
  (4) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
SUCH  YEAR,  THE  EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
SHALL BE PAID THEREON.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2014.

2013-A9512A (ACTIVE) - Details

See Senate Version of this Bill:: S7459
Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §§210 & 606, Tax L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A5583, S3128
2017-2018: A2648
2019-2020: A3394

2013-A9512A (ACTIVE) - Summary

Establishes business franchise and personal income tax credits for businesses that donate food inventory to charitable organizations.

2013-A9512A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9512--A

                          I N  A S S E M B L Y

                               May 6, 2014
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Ways and Means  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the tax law, in relation to establishing business fran-
  chise and personal income tax credits for businesses that donate  food
  inventory to charitable organizations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 210 of the tax law  is  amended  by  adding  a  new
subdivision 50 to read as follows:
  50.  CHARITABLE CONTRIBUTIONS OF FOOD INVENTORY CREDIT. (A) GENERAL. A
TAXPAYER WHO CLAIMS A DEDUCTION UNDER TITLE  26  OF  THE  UNITED  STATES
CODE,  SECTION 170, SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY
THIS ARTICLE, FOR CHARITABLE CONTRIBUTIONS OF APPARENTLY WHOLESOME  FOOD
FROM SUCH TAXPAYER'S TRADE OR BUSINESSES.
  (B)  DEFINITIONS.  FOR PURPOSES OF THIS SECTION, THE TERMS "CHARITABLE
CONTRIBUTION" AND "APPARENTLY WHOLESOME FOOD" SHALL HAVE THE SAME  MEAN-
ING  AS  SUCH  TERMS  ARE DEFINED IN TITLE 26 OF THE UNITED STATES CODE,
SECTION 170.
  (C) AMOUNT OF CREDIT. THE CREDIT  AUTHORIZED  BY  THIS  SECTION  SHALL
EQUAL  TEN  PERCENT  OF  THE  AMOUNT  OF SUCH CONTRIBUTION OF APPARENTLY
WHOLESOME FOOD DEDUCTED BY SUCH TAXPAYER IN  COMPUTING  FEDERAL  TAXABLE
INCOME FOR THE TAXABLE YEAR.
  (D)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR  TO  LESS
THAN  THE  MINIMUM TAX FIXED BY THIS ARTICLE.  HOWEVER, IF THE AMOUNT OF
CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR  REDUCES  THE
TAX  TO  SUCH  AMOUNT,  ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED  OR
REFUNDED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION ONE THOUSAND
EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14045-03-4

A. 9512--A                          2

  S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is  amended  by  adding a new clause (xli) to read as
follows:
(XLI) CHARITABLE CONTRIBUTIONS OF       AMOUNT OF CREDIT UNDER
FOOD INVENTORY CREDIT UNDER             SUBDIVISION FIFTY
SUBSECTION (CCC)                        OF SECTION TWO HUNDRED TEN
  S  3. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
  (CCC) CHARITABLE CONTRIBUTIONS OF FOOD INVENTORY CREDIT.  (1) GENERAL.
A TAXPAYER WHO CLAIMS A DEDUCTION UNDER TITLE 26 OF  THE  UNITED  STATES
CODE,  SECTION 170, SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY
THIS ARTICLE, FOR CHARITABLE CONTRIBUTIONS OF APPARENTLY WHOLESOME  FOOD
FROM SUCH TAXPAYER'S TRADE OR BUSINESSES.
  (2)  DEFINITIONS.  FOR PURPOSES OF THIS SECTION, THE TERMS "CHARITABLE
CONTRIBUTION" AND "APPARENTLY WHOLESOME FOOD" SHALL HAVE THE SAME  MEAN-
ING  AS  SUCH  TERMS  ARE DEFINED IN TITLE 26 OF THE UNITED STATES CODE,
SECTION 170.
  (3) AMOUNT OF CREDIT. THE CREDIT  AUTHORIZED  BY  THIS  SECTION  SHALL
EQUAL  TEN  PERCENT  OF  THE  AMOUNT  OF SUCH CONTRIBUTION OF APPARENTLY
WHOLESOME FOOD DEDUCTED BY SUCH TAXPAYER IN  COMPUTING  FEDERAL  TAXABLE
INCOME FOR THE TAXABLE YEAR.
  (4)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF  TAX  TO  BE
CREDITED  OR  REFUNDED  IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO  INTEREST
SHALL BE PAID THEREON.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2014.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.